§7.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§7.8STRATEGIC AND PRACTICAL CONSIDERATIONS

Although the civil rules have removed most of the technical pitfalls that confronted pleaders under prior practice, the pleading stage should still be approached with care. Before filing a complaint, research and analyze all possible theories of recovery and give notice in the complaint of all theories on which you intend to proceed. In addition, consider alleging in the complaint as allowed by CR 18 all claims the plaintiff might have against the defendant, to avoid having to plead counterclaims in reply to counterclaims. Also consider carefully the rules relating to joinder of parties: CR 17, 19, and 20. See Chapters 17 (Rule 17. Parties Plaintiff and Defendant; Capacity), 18 (Rule 18. Joinder of Claims and Remedies), 19 (Rule 19. Joinder of Persons Needed for Just Adjudication), and 20 (Rule 20. Permissive Joinder of Parties) of this deskbook.

In answering a complaint, take care to plead all compulsory counterclaims and affirmative defenses. See Chapter 13 (Rule 13. Counterclaim and Cross Claim) of this deskbook. Further, in pleading a counterclaim, be sure to denominate it as such, or no reply will be required. However, a plaintiff who is faced with allegations in an answer that actually constitute a counterclaim (although no such designation is made) should move for leave to file a reply...